Known as the "first in time" rule, the mandate forces landlords to rent to the first qualified applicant, rather than choosing the best fit from among prospective tenants.
Sponsors contended that this unprecedented restriction is needed because traditional anti-discrimination laws do not protect against unconscious prejudices. Landlords, it was alleged, can't be trusted to make decisions based on their "gut instincts," because there's no way to know whether those instincts are "pure." The only solution is to take away their right to make discretionary decisions altogether – including decisions based on rational, nondiscriminatory considerations.
The new rule has just drawn a lawsuit from a number of mom-and-pop landlords, based on its infringement on constitutionally protected property rights. But its assault on good sense is just as compelling and should serve as a warning to...
1 comment:
Landlords have no rights. The "fair housing act", 1968 (as amended since), clearly defines that the state has primacy in defining owner-tenant relationships. Since "black" was used as a hard and fast proxy for "deadbeat", the law was intended to prevent landlords from discriminating against blacks. Now "deadbeat" is feared to be a proxy against "black", so landlords aren't allowed to screen out people by any rational reason. They might result in not selecting enough blacks.
The only ways to fix this are:
1. Repeal the civil rights act of 1968. Not going to happen. The People prefer "fairness" instead of liberty.
2. Convince every rental applicant to check the block "black" on their HUD disclosure form, no matter how pale they are. If you have enough "blacks", you are safe.
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